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Real estate glossaryNational exam concept

Novation

Novation is the substitution of a new party or obligation for an existing one with the agreement of the necessary parties and release of the replaced party or duty.

Exam area: Contracts

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What does “novation” mean in real estate?

Novation is the substitution of a new party or obligation for an existing one with the agreement of the necessary parties and release of the replaced party or duty.

How is “novation” different from the closest wrong answer?

Novation includes consent and release. Assignment transfers rights but does not automatically discharge the assignor's obligations.

What is the Georgia-specific rule?

The national contract rule applies in Georgia. Look for clear facts showing the obligee agreed to the substitution and released the original obligor.

Worked exam example

Scenario

A seller agrees that a replacement buyer will assume the purchase duties and expressly releases the original buyer from the contract.

What is the most common exam trap?

Trap correction

Performance by a substitute is not enough if the original party remains liable.

Original exam check

Apply the definition

A buyer can no longer close. The seller signs an agreement accepting a replacement buyer who takes over all the purchase duties and expressly releasing the original buyer. What has occurred?

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Recommended next complete lesson

Continue with Contracts complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.